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The Battle of Revolax - Fox Group International Ltd v Teleta Pharma Ltd.

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Author  August Malmström Copyright Expired Source    Wikimedia Commons     Jane Lambert Intellectual Property Enterprise Court (HH Judge Melissa Clarke) Fox Group International Ltd v Teleta Pharma Ltd [2021] EWHC 1714 (IPEC) (23 June  2021)   There really was a battle of Revolax between Russia and Sweden in 1808 but that has nothing to do with this article. Revolax is also the name of a hyaluronic acid dermal filler  manufactured by the Korean company  Across Co., Ltd  ( "Across" ) which Fox Group International Ltd. ( "Fox" ) enjoyed the exclusive right to distribute in the UK. Notwithstanding a clause in Fox's distribution agreement recognizing that "trademarks, trade names, designs, copyright and other property rights included in the product possess are the unique property of [Across]" and making clear that Fox did not have or acquire any rights, title or interest in that property, Fox applied to register REVOLAX as a UK trade mark in classes 3, 5,

Interim Injunctions - AutoStore Technology AS v Ocado Group Plc

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Ocado Van Author Tomjhpage   Licence CC BY-SA 4.0   Source    Wikimedia   J ane Lambert Patents Court (HH Judge Hacon) AutoStore Technology AS v Ocado Group Plc and other s [2021] EWHC 1614 (Pat) (11 June 2021) This was an application by Ocado Plc, several of its subsidiaries and a supplier of equipment to the Ocado companies ("Ocado") for an interim injunction to restrain AutoStore Technology AS ("AutoStore") from disclosing an allegedly confidential and privileged document to the US International Trade Commission .  The document had been delivered to Ocado in "without prejudice" negotiations to settle various disputes between the parties.   In the proceedings before the Commission, AutoSrore alleged that Ocado had infringed several of its US patents.  Ocado pleaded that AutoStore was estopped from alleging infringement on the ground that AutosSrore had previously assured Ocado that Ocado had not infringed those patents.  AutoStore claimed that the docum

Patents - Mitsubishi Electric Corporation v Oneplus Technology

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Xiaomi Tech Park, Beijing Author Plerxemo   Licence CC BY-SA 3,0   Source Wikimedia Jane Lambert Patents Court (Mr Justice Mellor) Mitsubishi Electric Corporation and another v Oneplus Technology (Shenzhen) Co., Ltd and others [2021] EWHC 1541 (Pat) (8 June 2021) Sometimes a procedural application can lead to a debate on fundamental principles of substantive law. Such was the case in  Mitsubishi Electric Corporation and another v Oneplus Technology (Shenzhen) Co., Ltd and others [2021] EWHC 1541 (Pat) (8 June 2021).  The application was brought by Xiaomi Cimmunications Inc. and others ("the 9th, 10th, 11th and 12th defendants who are referred to in the judgment as "the Xiaomi defendants").  They applied for the claim in this action by Sisvel International SA  ("Sisvel") (the second claimant) to be dismissed and for all future claims by Sisvel against the Xiaomi defendants to be stayed. The Litigation Sisvel administers a portfolio of patents for mobile telec

Designs - Original Beauty Technology v G4K Fashion

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           Jane Lambert Chancery Division ( Mr David Stone) Original Beauty Technology and others v G4K Fashion Ltd and others [2021] EWHC 294 (Ch) (24 Feb 2021) This was an action for infringement of unregistered design right and unregistered Community designs  and passing off .  The designs in question were of women's garments in the bodycon and bandage styles. The action came on for trial before Mr David Stone on various dates between 30 Nov and 21 Dec 2020. In  Original Beauty Technology and others v G4K Fashion Ltd and others [2021] EWHC 294 (Ch) which he handed down on 24 Feb 2021 he found that the defendants had infringed some of the first claimant's unregistered design rights and unregistered Community designs but they had not passed off their business as or for the claimants', Following his judgment, there were further hearings on the terms of the minute of order, whether garments in different colourways infringed the first claimant's unregistered communit

Patents - The Appeal in Geofabrics v Fiberweb Geosynthetics

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  Jane Lambert Court of Appeal ( Lord Justices Lewison and Arnold and Sir Nicholas Patten) Geofabrics Ltd v Fiberweb Geosynthetics Ltd (Rev 1) [2021] EWCA Civ 854 (11 June 2021) In  Geofabrics Ltd v Fiberweb Geosynthetics Ltd [2020] EWHC 444 (Pat) (5 March 2020) which I discussed in  Patents - Geofabrics Ltd v Fiberweb Geosynthetics Ltd.   on 12 March 2020, Mr David Stone, sitting as a deputy judge of the High Court, held that Geofabrics Ltd.'s    European patent (UK) 2 430 238 for a "trackbed liner and related methods " was valid and infringed by the defendant company, Fiberwed Geosynthetics Ltd.  Fiberweb applied to the Court of Appeal for permission to appeal against Mr Stone's judgment. Lord Justice Floyd allowed Fiberweb to appeal on the grounds that (1) the deputy judge had erred in his construction of claim 1 of the Patent, and as a result, had wrongly found that  Fiberweb's Hydrotex 2.0 product ("Hydrotex") fell within the scope of the claim an

Passing off - Alyssa Smith Jewellery Ltd v Alisa Goodstone

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"What's in a Name?" By John Massey Wright - Folger Shakespeare Library Digital Image Collection http://luna.folger.edu/luna/servlet/s/8msouv, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=40859850   Jane Lambert Intellectual Property Enterprise Court (Recorder Amanda Michaels) Alyssa Smith Jewellery Ltd v Alisa Goodstone t/a Alyssa Jewellery Desig n [2021] EWHC 1482 (IPEC) (9 June 2021) This was an action for passing off . The claimant is a company that designs, produces and sells jewellery. It is named after its founder and sole director, Ms Alyssa Smith. The defendant is also a jewellery designer.  Her first name is Alisa but she trades as "Alyssa Jewellery Design" (one of "the Defendant's Signs")  As the learned recorder, Amanda Michaels, noted in the first paragraph of her judgment, these proceedings arise out of the defendant's adoption of the trading name 'Alyssa Jewellery Design' for her own jewellery business. Th